DUKANSH TRADING PVT LTD[FOREMERLY KNOWN AS SHAMROCK PHARMACEUTICALS PVT LTD.],MUMBAI vs. ITO 3(3)(2), MUMBAI

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ITA 191/MUM/2020Status: DisposedITAT Mumbai10 January 2022AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal to avail the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for assessment year 2009-10. The assessee had opted for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the assessee can withdraw the appeal to opt for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

Before: MS. SUCHITRA RAGHUNATH KAMBLE & SHRI AMARJIT SINGH

For Appellant: Mr. Dinesh Tiwari, AR
For Respondent: Ms. Neha Thakur, DR
Hearing: 23/12/2021Pronounced: 10/01/2022

ORDER PER AMARJIT SINGH, A.M. The present appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-8, Mumbai [in short ‘CIT(A)’] for the assessment year 2009-10 dated 22.10.2019 and arises out of assessment completed u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short the Act).

M/s Dukansh Trading Pvt. Ltd. 2

2.

At the outset, the Ld. AR submitted that assessee has opted for Vivad Se Vishwas Scheme, 2020 and furnished copy of Form-3 dated 16.04.2021. The Ld. counsel at the outset has submitted that he does not want to pursue the said appeal and requested that his application for withdrawal of appeal may please be granted. The Ld. Departmental Representative stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

3.

Heard both the sides and perused the material on record. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad Se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for the withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case any issue is remained non-resolved under the said Scheme, then the assessee will be at liberty to file the miscellaneous application to recall this order to restore the original appeal within the time limit prescribed in the Act.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

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